SALARIED WORKERS STILL GET OVERTIME
In California, there are certain exemptions that allow employers to deny paying employees overtime. Whether or not an employee meets those exemptions is typically based on their job duties and responsibilities. There are many situations where employers misclassify employees as exempt from overtime based solely on their job title. For example, the employer will give the employee a fancy job title that includes the word Manager or Supervisor, when in fact, the employee is performing manual or clerical labor according to the employers strict guidelines and protocols. In other words, the employee is exercising independent...

Sebastian Miller focuses on representing workers in employment litigation on a contingency-fee basis. He litigates both class actions as well as single-plaintiff cases. He has achieved excellent results for many clients. More details are available at www.sebastianmillerlaw.com. Sebastian often speaks and writes about developments in employment law. For example, his work has appeared in the California Labor & Employment Law Review and the Daily Journal. Sebastian has been quoted by Law360 and has appeared on panels hosted by the Association of Corporate Counsel, the Labor and Employment Section of the California Bar as...

I am a real estate and business law attorney. I limit my practice to these areas, which include things from setting up HOAs, to neighbor issues, to construction, and real estate fraud. My background is in real estate, where I was a real estate appraiser, property manager, and project manager for condominium conversions and other real estate developments. I understand the hurdles you face on a daily basis if you are a real estate owner, investor, contractor or developer.
A large segment of my client base are small business owners. I understand that you want simple answers...

Daniel Velton began his legal career with the largest labor and employment law firm in the world. Using that experience, he brings valuable knowledge and perspective to his current practice, in which he exclusively represents employees in high-stakes individual and class action employment matters, including cases of unlawful discrimination, wrongful termination, sexual harassment, illegal pay practices and whistleblower retaliation.

Joel Waelty is an experienced employment attorney practicing in San Jose, California, whose dedication to his clients shows in the results he obtains in the courtroom. His practice is focused on the rights of employees and insureds. He represents employees in all aspects of workplace disputes including sexual harassment, discrimination and wrongful termination. In his representation of those wrongfully denied insurance benefits, he handles claims against insurers of life, disability, health and the home. He also pursues benefits due employees under employer-sponsored benefit plans. Mr. Waelty's dedication is seen not only through his courtroom results, but also through...

Though he began his career practicing Entertainment Law in Los Angeles, Mr. Fink and his wife traded the glamour of Hollywood for the San Jose area' s charms. That early exposure to big city, high-pressure civil cases has served him well, particularly when dealing with the complex issues involved in contemporary employment cases.
Mr. Fink is a partner in Mesirow & Fink, a small but energetic and creative law firm founded in 1976. Mr. Fink is a graduate of the University of California, Berkeley's Boalt Hall, and he has six times been selected by San Jose Magazine as one of the...

Help small to medium size companies navigate through a wide variety of legal challenges: formation, funding, governmental impediments, operational legal planning, merger and acquisition, employee relations, and labor compliance. All with the goal of litigation avoidance. Litigation in all California state courts and the Northern and Eastern U.S. District Courts of California.

We provide legal advice and representation to those who have been physically or financially damaged through the fault of others. We understand that every case is unique and we take the time to listen to our clients, review their options, and tailor our solutions taking into account their goals and preferences. We bring to every case our experience, focus, and dedication to results. We negotiate when we can and litigate when we have to. If you are unsure how to proceed after suffering injury, let us help determine the best course of action.

Attorney Mark Hostetter has earned a reputation for creatively using complex law as a means to solve problems and achieve his clients' goals. Mr. Hostetter is proud to note that many of his clients are small business owners, immigrants, and people with disabilities asserting their civil rights. Mr. Hostetter is able to keep fees reasonable as an independent practitioner. However, we also have a network of top attorneys with whom we may associate if a case is unusually complex or goes all the way to trial, as in our recent discrimination case against the U.S. Department...

After decades as a business and employment law counselor and successful trial attorney, Linda McPharlin has learned that the most satisfied clients are not those who win in court after bruising if not brutal years in litigation, but those who resolve disputes before litigation takes over their lives, and their finances. She now focuses her trial acumen and considerable negotiating skills on conflict resolution at the earliest possible stage, ideally before a lawsuit is even filed. For her employer clients, her conflict resolution practice takes many forms, with an eye to business realities as well as legal...

At Ainley Law, we are specialists in the field of employment law and we use our skill, experience, judgment, and record of success to obtain the best possible result for you in any employment related matter. We are employee advocates and we are passionate about what we do. Our goal in every case is to ensure that you are fully and fairly compensated for the wrong done to you by your current or former employer.

It can be a very trying and stressful time when you find yourself in need of an attorney. Not only are you concerned about your particular legal issue, but like most people, you are concerned about the relationship you will have with your attorney and the fees that will be charged. Let's face it, lawyers, like politicians, have a bad reputation. People worry their attorney will not take their case seriously, or will try to squeeze every dime they can out of the case. I understand these feelings and concerns. Unfortunately, they are far too often justified.
Before I became a...

Judge Suzanne K. Nusbaum (Ret.) brings a wealth of experience to her ADR practice.
A Fellow of the Chartered Institute of Arbitrators, with specialized expertise in commercial contract, employment, health care, real estate and intellectual property matters, she serves on many ADR panels, including the American Arbitration Association's National Roster of Arbitrators and Mediators, the International Centre for Dispute Resolution (ICDR), Arts Arbitration and Mediation Services (AAMS), the American Health Lawyers Association (AHLA), Kaiser Permanente, the World Intellectual Property Organization (WIPO), and the Financial Industry Regulatory Authority (FINRA).
Judge Nusbaum arbitrates and mediates legal fee disputes for the State...

I represent employees in wrongful termination, sexual harassment, discrimination and retaliation cases, in addition to bringing related claims such as defamation, assault, invasion of privacy, and failure to accommodate disabilities. I also represent plaintiffs in collection of unpaid wages, overtime, minimum wages, missed meal periods and rest breaks, and other wage claims. I represent employees in unemployment insurance appeals.

For over thirty years, I have practiced business law and alternative dispute resolution (ADR) in Palo Alto, California. I assist businesses with formation and planning; purchases and sales of existing businesses; termination of business entities; commercial leasing matters; and employment matters. My other focus is on mediation and arbitration, where I help clients settle disputes outside of the courtroom. What I enjoy most about being a business law attorney is helping people transform their hobbies and passions into successful businesses. Whether I’m helping someone start a restaurant or a software company, I’m always mindful of the...

I have extensive experience in employment, business, insurance and real estate litigation. In 1997, I graduated Order of the Coif (top 10%) from Boalt Hall School of Law, University of California, Berkeley. I clerked for the Honorable Maxine M. Chesney of the United States District Court, Northern District of California in 1999 and the Honorable Robert Boochever of the Ninth Circuit Court of Appeals in 2001. I practiced insurance law as an associate with Sonnenshein Nath & Rosenthal and employment law as an associate at Heller Ehrman. I focused on real estate litigation while working...

Employment law governs the relationship between workers and their employers. This law, contained in federal and state statutes, administrative regulations, and judicial decisions, specifies the rights and restrictions applicable to each party in the workplace.

This area of law regulates such issues as employee benefits, discipline, hiring, firing, leave, payroll, and health and safety in the workplace. It also encompasses non-compete agreements, retaliation, severance, unemployment compensation, pensions, whistle-blowing, worker classification, wage garnishment, work authorization for non-U.S. citizens, worker's compensation, and employee handbooks.

Both federal and state laws govern the relationship between employees and employers. Federal laws such as Title VII, the Americans with Disabilities Act, and Age Discrimination in Employment Act prohibit employers from discriminating against employees based on certain characteristics. Many states have enacted their own laws similar to federal ones (and sometimes are more stringent). Cities and counties also can enact ordinances that affect employee rights, such as local minimum wage laws.

Employment lawyers can choose to accept only employees as clients, only employers, or both. Some attorneys focus on a specific area of employment law, such as workers' compensation, whistleblowing or discrimination, but many can handle a wide range of employment law issues.

Essential job functions:
The fundamental job duties of the employment position that the individual with a disability holds or desires. The term essential functions does not include marginal functions of the position.

Exempt employee:
An employee who is not entitled to the minimum wage or overtime pay protections of the Fair Labor Standards Act.